Use of Personal Information/Privacy:
This website is owned and operated by Palomar Health, a public health district in California. By using this website, you agree that Palomar Health may monitor your use of this website and may use the results of such monitoring without limitation.
During your visit to our website, we may request information from you, such as your name, email address, physical address, telephone number and other personal information. Further, we will collect any other personal information you share with us.
Personally identifiable information may be collected from visitors to our website and provided in an aggregate form to other parties within the Palomar Health family, or external to it, for marketing, advertising or other similar uses. Third parties may monitor your use of this website.
We provide several ways to e-mail us with questions you may have as you navigate our website. Please note that any information sent through an e-mail message is unsecured and can be seen on computers which transfer data from your computer to Palomar Health. We recommend that you do not email sensitive personal health information, or any other confidential information, to Palomar Health or anyone else. Should you choose to provide information in this manner, you do so at your own risk.
Please be aware that your browser must be enabled to accept cookies for you to use certain areas of our website. A cookie is a piece of data that a web server stores on your hard drive so that it can be retrieved later. Other than as discussed above, we do not use this information for any other purpose. All of the information Palomar obtains from you is stored in our database and may be retrieved by people who are gathering that information. A cookie containing your unique ID is all that is stored on your computer.
- Ownership: In general, information presented on this web site, unless otherwise indicated, is considered in the public domain. It may be distributed or copied as permitted by law. However, Palomar Health does make use of copyrighted data (e.g., photographs or other materials) which may require additional permissions prior to your use. Palomar Health shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site, except those submissions made under separate legal contract. Palomar Health shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.
- Permission May Be Required From Other Parties: This website may include copyrighted materials owned by third-party contributors who have granted Palomar Health permission to post those materials on this website. The fact that Palomar Health has permission to post the materials does not give you the right to use those materials. To use any copyrighted material that is not owned or created by Palomar Health, you must seek permission directly from the owning or holding sources.
“PalomarHealth.org,” “Palomar Health,” and all logos related to Palomar Health’s services are either trademarks or registered trademarks of Palomar Health or Palomar Health’s licensors. You may not copy or otherwise use them without Palomar Health’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are similarly protected and you may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Palomar Health for the purpose of directing web traffic to Palomar Health. You may not alter, modify or change these HTML logos in any way, use them in a manner that misrepresents Palomar Health or its services or use them in a manner that implies Palomar Health’s sponsorship or endorsement, unless so authorized in writing by Palomar Health.
You must be over 13 to use this Website:
This website is intended for use by people age 13 or older. If you are younger than 13, you should seek permission from your parent or guardian to use this website and any information submitted on your behalf to this website must be by a parent or guardian.
Content of this Website Is for Informational Purposes Only – No Medical Diagnosis or Advice is Given:
The content and materials provided in this website are for informational and educational purposes only and are not intended to supplement or comprise a medical diagnosis or other professional opinion, or to be used in lieu of a consultation with a physician or competent health care professional for medical diagnosis and/or treatment.
PALOMAR HEALTH DOES NOT GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF SUCH INFORMATION AND CONTENT AND MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE USE OF SUCH INFORMATION AND CONTENT. PALOMAR HEALTH ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER OF ANY KIND FOR THE INFORMATION OR CONTENT CONTAINED IN THE WEBSITE, OR FOR ANY DIAGNOSIS OR TREATMENT MADE IN RELIANCE THEREON.
PALOMAR HEALTH DOES NOT GUARANTEE THE CONFIDENTIALITY OR RELIABILITY OF ANY COMMUNICATIONS MADE THROUGH THIS WEBSITE. THE INTERNET SHOULD NOT BE USED TO TRANSMIT ANY SENSITIVE OR CONFIDENTIAL INFORMATION TO PALOMAR HEALTH, AS OTHERS MAY INTERCEPT THE INFORMATION. ADDITIONALLY, INFORMATION TRANSMITTED TO PALOMAR HEALTH VIA ELECTRONIC MEANS TO THIS WEBSITE MAY NOT BE RECEIVED AT ALL, MAY NOT BE RECEIVED OR REVIEWED IN A TIMELY MANNER, OR MAY BE RECEIVED BY THE WRONG PARTY.
Third Party Advertising:
Third parties may offer goods and services to you through marketing that is made available at or through this website. Unless otherwise expressly stated, Palomar Health makes no endorsement regarding such parties, nor does Palomar Health make any representation, recommendation or warranty with respect to these third parties’ goods, services or advertising. You agree to hold Palomar Health harmless in connection with the selection of third party advertisers, as well as their acts and omissions.
Disclaimer of Warranties:
All materials on this website are provided “as is” and Palomar Health expressly disclaims any and all warranties of the material provided herein, expressly stated or by implication, including any: (i) implied warranties of design, merchantability, or fitness for a particular purpose or title, (ii) warranties arising from a course of dealing, usage or trade practice, and (iii) warranties of non-infringement.
No oral or written information or advice given by Palomar Health in connection with this website will create any warranty.
Palomar Health does not warrant or promise that the functions contained in any of the services or products provided on this website will meet your requirements, or that the operation of any such services or products will be uninterrupted or error-free, or that defects in any such services or products will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Furthermore, Palomar Health does not warrant or make any representations regarding the use or the results of the use of any such services or products in terms of its correctness, accuracy, timeliness, reliability or otherwise.
Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check your local laws for any restrictions or limitations regarding implied warranties.
(User Information, Data, and Content)
PALOMAR HEALTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE INFORMATION, DATA OR CONTENTS GENERATED BY YOU IN CONNECTION WITH THIS WEBSITE OR SERVICES. PALOMAR HEALTH EXERCISES NO AUTHORITY OVER SUCH INFORMATION, DATA AND CONTENTS, DOES NOT REVIEW OR MONITOR SUCH INFORMATION, DATA AND CONTENTS, AND WILL NOT BE LIABLE OR RESPONSIBLE FOR DETERMINING THE ACCURACY, TIMELINESS, COMPLETENESS, APPLICATION OR CORRECT USE THEREOF.
Limitations on Damages
BY USING THIS WEBSITE YOU AGREE THAT PALOMAR HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE.
- Affects your and our rights and will impact how claims between you and us are resolved;
- Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us;
If a dispute arises between you and Palomar Health, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Palomar Health should be reported to Palomar Health according to the provisions of the Government Claims Act, California Government Code section 810, et seq. All notices under the Government Claims Act, section 910 et seq. should be directed to:
Attn: Government Claims Act
Secretary of the Board of Directors of Palomar Health
2125 Citracado Pkwy, Suite 300
Escondido, CA 92029
In the event that resolution under the presentation requirements of the Government Claims Act is not successful in resolving your claim, you agree to abide by the following:
- Arbitration Agreement: To the maximum extent permitted by law, you and Palomar Health each agree that any and all disputes or claims that have arisen or may arise between you and Palomar Health, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, will be resolved exclusively through final and binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
- Arbitration Venue: Following the procedures set forth in the Government Claims Act, either you or Palomar Health may initiate arbitration. You and Palomar Health each agree to use JAMS (https://www.jamsadr.com/) and to submit any demand for arbitration through JAMS’ process. You and Palomar Health agree to the jurisdiction of the JAMS arbitrator over any dispute between you and Palomar Health, unless you and Palomar Health agree otherwise in writing. If JAMS is not available to administer the dispute, you and Palomar Health agree to use an arbitrator from the American Arbitration Association (https://www.adr.org/).
- No Class Actions: To the maximum extent permitted by law, you and Palomar Health agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Palomar Health agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s) and in keeping with the damages limitations in the Limitations on Damages section above.
The arbitrator must decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. No court or arbitrator is bound by rulings in prior arbitrations involving different users of Palomar Health’s website, except that a court or arbitrator will be bound by rulings in prior arbitrations involving the same Palomar Health website user, to the extent required by applicable law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Attn: Opt-Out Notice
Secretary of the Board of Directors of Palomar Health
2125 Citracado Pkwy, Suite 300
Escondido, CA 92029